New Memo on Adjustment of Status and Consular Processing: What Actually Changes

A new immigration memo related to adjustment of status and consular processing has raised concern among many families. The good news is that the law has not changed: the vast majority of green card cases will continue to be processed within the United States.

Which Cases Could Be Impacted

The memo could primarily affect certain cases where immigration authorities believe there are indications of fraud, extended periods of unlawful presence, or employment-based applications with inconsistencies. In those scenarios, authorities could use their discretion to send the process to consular processing abroad instead of adjudicating it domestically.

Which Cases Remain the Same

It was clarified that approved asylum cases and many processes under the Cuban Adjustment Act would normally continue to be processed within the United States. Likewise, adjustment of status cases based on marriage or family petitions without complications continue on their normal course.

Why Individual Analysis Matters

The difference between adjusting status within the country or being sent to consular processing can be enormous: consular processing can trigger inadmissibility bars based on prior unlawful presence. That is why, before filing any green card application, it is advisable to have an attorney review your complete immigration history and identify risks.

Every immigration case is different. If you have questions about your specific situation, we invite you to schedule a consultation with our office to receive personalized legal guidance.

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